Florida Senate - 2011                (Corrected Copy)    SB 1594
       
       
       
       By Senator Sachs
       
       
       
       
       30-01321A-11                                          20111594__
    1                        A bill to be entitled                      
    2         An act relating to pari-mutuel permitholders; amending
    3         s. 550.002, F.S., which defines the term “full
    4         schedule of live racing or games”; providing that a
    5         greyhound permitholder shall not be required to
    6         conduct a minimum number of live performances;
    7         amending s. 550.01215, F.S.; revising requirements for
    8         an application for a license to conduct performances;
    9         providing an extended period to amend certain
   10         applications; amending s. 550.054, F.S.; removing a
   11         requirement for holders of certain converted permits
   12         to conduct a full schedule of live racing to qualify
   13         for certain tax credits; amending s. 550.0951, F.S.;
   14         revising provisions for transfer by a permitholder of
   15         a tax exemption or license fee credit to a greyhound
   16         permitholder; revising the tax on handle for dogracing
   17         and intertrack wagering; amending s. 550.09514, F.S.;
   18         revising purse requirements for greyhound racing and
   19         provisions for payment of purses; amending s. 550.615,
   20         F.S.; revising provisions for intertrack wagering;
   21         amending ss. 550.26165 and 550.6305, F.S.; conforming
   22         cross-references to changes made by the act; amending
   23         s. 551.104, F.S.; revising a condition of licensure
   24         for the conduct of slot machine gaming; amending s.
   25         551.114, F.S.; revising requirements for designated
   26         slot machine gaming areas; amending s. 849.086, F.S.;
   27         revising requirements for initial and renewal issuance
   28         of a cardroom license; providing that neither a
   29         corresponding pari-mutuel license application nor a
   30         minimum number of live performances is required for a
   31         greyhound permitholder to maintain or renew a cardroom
   32         license; providing an effective date.
   33  
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Subsection (11) of section 550.002, Florida
   37  Statutes, is amended to read:
   38         550.002 Definitions.—As used in this chapter, the term:
   39         (11) “Full schedule of live racing or games” means, for a
   40  greyhound or jai alai permitholder, the conduct of a combination
   41  of at least 100 live evening or matinee performances during the
   42  preceding year; for a permitholder who has a converted permit or
   43  filed an application on or before June 1, 1990, for a converted
   44  permit, the conduct of a combination of at least 100 live
   45  evening and matinee wagering performances during either of the 2
   46  preceding years; for a jai alai permitholder who does not
   47  operate slot machines in its pari-mutuel facility, who has
   48  conducted at least 100 live performances per year for at least
   49  10 years after December 31, 1992, and whose handle on live jai
   50  alai games conducted at its pari-mutuel facility has been less
   51  than $4 million per state fiscal year for at least 2 consecutive
   52  years after June 30, 1992, the conduct of a combination of at
   53  least 40 live evening or matinee performances during the
   54  preceding year; for a jai alai permitholder who operates slot
   55  machines in its pari-mutuel facility, the conduct of a
   56  combination of at least 150 performances during the preceding
   57  year; for a harness permitholder, the conduct of at least 100
   58  live regular wagering performances during the preceding year;
   59  for a quarter horse permitholder at its facility unless an
   60  alternative schedule of at least 20 live regular wagering
   61  performances is agreed upon by the permitholder and either the
   62  Florida Quarter Horse Racing Association or the horsemen’s
   63  association representing the majority of the quarter horse
   64  owners and trainers at the facility and filed with the division
   65  along with its annual date application, in the 2010-2011 fiscal
   66  year, the conduct of at least 20 regular wagering performances,
   67  in the 2011-2012 and 2012-2013 fiscal years, the conduct of at
   68  least 30 live regular wagering performances, and for every
   69  fiscal year after the 2012-2013 fiscal year, the conduct of at
   70  least 40 live regular wagering performances; for a quarter horse
   71  permitholder leasing another licensed racetrack, the conduct of
   72  160 events at the leased facility; and for a thoroughbred
   73  permitholder, the conduct of at least 40 live regular wagering
   74  performances during the preceding year. For a permitholder which
   75  is restricted by statute to certain operating periods within the
   76  year when other members of its same class of permit are
   77  authorized to operate throughout the year, the specified number
   78  of live performances which constitute a full schedule of live
   79  racing or games shall be adjusted pro rata in accordance with
   80  the relationship between its authorized operating period and the
   81  full calendar year and the resulting specified number of live
   82  performances shall constitute the full schedule of live games
   83  for such permitholder and all other permitholders of the same
   84  class within 100 air miles of such permitholder. A live
   85  performance must consist of no fewer than eight races or games
   86  conducted live for each of a minimum of three performances each
   87  week at the permitholder’s licensed facility under a single
   88  admission charge. Notwithstanding any other provision of law,
   89  beginning with the 2011-2012 fiscal year, there shall be no
   90  minimum requirement of live performances for greyhound
   91  permitholders.
   92         Section 2. Subsection (1) of section 550.01215, Florida
   93  Statutes, is amended to read:
   94         550.01215 License application; periods of operation; bond,
   95  conversion of permit.—
   96         (1) Each permitholder shall annually, during the period
   97  between December 15 and January 4, file in writing with the
   98  division its application for a license to conduct pari-mutuel
   99  wagering activities performances during the next state fiscal
  100  year. Each application requesting live performances, if any,
  101  shall specify the number, dates, and starting times of all
  102  performances which the permitholder intends to conduct. It shall
  103  also specify which performances will be conducted as charity or
  104  scholarship performances. In addition, each application for a
  105  license shall include, for each permitholder which elects to
  106  operate a cardroom, the dates and periods of operation the
  107  permitholder intends to operate the cardroom or, for each
  108  thoroughbred permitholder which elects to receive or rebroadcast
  109  out-of-state races after 7 p.m., the dates for all performances
  110  which the permitholder intends to conduct. Permitholders may
  111  shall be entitled to amend their applications through February
  112  28 or, for applications relating to the 2011-2012 fiscal year,
  113  through August 31, 2011.
  114         Section 3. Paragraph (b) of subsection (14) of section
  115  550.054, Florida Statutes, is amended to read:
  116         550.054 Application for permit to conduct pari-mutuel
  117  wagering.—
  118         (14)
  119         (b) The division, upon application from the holder of a jai
  120  alai permit meeting all conditions of this section, shall
  121  convert the permit and shall issue to the permitholder a permit
  122  to conduct greyhound racing. A permitholder of a permit
  123  converted under this section shall be required to apply for and
  124  conduct a full schedule of live racing each fiscal year to be
  125  eligible for any tax credit provided by this chapter. The holder
  126  of a permit converted pursuant to this subsection or any holder
  127  of a permit to conduct greyhound racing located in a county in
  128  which it is the only permit issued pursuant to this section who
  129  operates at a leased facility pursuant to s. 550.475 may move
  130  the location for which the permit has been issued to another
  131  location within a 30-mile radius of the location fixed in the
  132  permit issued in that county, provided the move does not cross
  133  the county boundary and such location is approved under the
  134  zoning regulations of the county or municipality in which the
  135  permit is located, and upon such relocation may use the permit
  136  for the conduct of pari-mutuel wagering and the operation of a
  137  cardroom. The provisions of s. 550.6305(9)(d) and (f) shall
  138  apply to any permit converted under this subsection and shall
  139  continue to apply to any permit which was previously included
  140  under and subject to such provisions before a conversion
  141  pursuant to this section occurred.
  142         Section 4. Paragraph (b) of subsection (1) and paragraphs
  143  (b) and (c) of subsection (3) of section 550.0951, Florida
  144  Statutes, are amended to read:
  145         550.0951 Payment of daily license fee and taxes;
  146  penalties.—
  147         (1)
  148         (b) Each permitholder that cannot utilize the full amount
  149  of the exemption of $360,000 or $500,000 provided in s.
  150  550.09514(1) or the daily license fee credit provided in this
  151  section may, at any time, after notifying the division in
  152  writing, elect once per state fiscal year on a form provided by
  153  the division, to transfer such exemption or credit or any
  154  portion thereof to any greyhound permitholder which acts as a
  155  host track to such permitholder for the purpose of intertrack
  156  wagering. Once an election to transfer such exemption or credit
  157  is filed with the division, it shall not be rescinded. The
  158  division shall disapprove the transfer when the amount of the
  159  exemption or credit or portion thereof is unavailable to the
  160  transferring permitholder for any reason, including being
  161  unavailable because the transferring permitholder did not
  162  conduct live racing in the fiscal year, or when the permitholder
  163  who is entitled to transfer the exemption or credit or who is
  164  entitled to receive the exemption or credit owes taxes to the
  165  state pursuant to a deficiency letter or administrative
  166  complaint issued by the division. Upon approval of the transfer
  167  by the division, the transferred tax exemption or credit shall
  168  be effective for the first performance of the next payment
  169  period as specified in subsection (5). The exemption or credit
  170  transferred to such host track may be applied by such host track
  171  against any taxes imposed by this chapter or daily license fees
  172  imposed by this chapter. The greyhound permitholder host track
  173  to which such exemption or credit is transferred shall reimburse
  174  such permitholder the exact monetary value of such transferred
  175  exemption or credit as actually applied against the taxes and
  176  daily license fees of the host track. The division shall ensure
  177  that all transfers of exemption or credit are made in accordance
  178  with this subsection and shall have the authority to adopt rules
  179  to ensure the implementation of this section.
  180         (3) TAX ON HANDLE.—Each permitholder shall pay a tax on
  181  contributions to pari-mutuel pools, the aggregate of which is
  182  hereinafter referred to as “handle,” on races or games conducted
  183  by the permitholder. The tax is imposed daily and is based on
  184  the total contributions to all pari-mutuel pools conducted
  185  during the daily performance. If a permitholder conducts more
  186  than one performance daily, the tax is imposed on each
  187  performance separately.
  188         (b)1. The tax on handle for dogracing is 3.45 5.5 percent
  189  of the handle, except that for live charity performances held
  190  pursuant to s. 550.0351, and for intertrack wagering on such
  191  charity performances at a guest greyhound track within the
  192  market area of the host, the tax is 7.6 percent of the handle.
  193         2. The tax on handle for jai alai is 7.1 percent of the
  194  handle.
  195         (c)1. The tax on handle for intertrack wagering is 2.0
  196  percent of the handle if the host track is a horse track, 3.3
  197  percent if the host track is a harness track, 3.45 5.5 percent
  198  if the host track is a dog track, and 7.1 percent if the host
  199  track is a jai alai fronton. The tax on handle for intertrack
  200  wagering is 0.5 percent if the host track and the guest track
  201  are thoroughbred permitholders or at facilities other than dog
  202  tracks if the guest track is located outside the market area of
  203  the host track and within the market area of a thoroughbred
  204  permitholder currently conducting a live race meet. The tax on
  205  handle for intertrack wagering on rebroadcasts of simulcast
  206  thoroughbred horseraces is 2.4 percent of the handle and 1.5
  207  percent of the handle for intertrack wagering on rebroadcasts of
  208  simulcast harness horseraces. The tax shall be deposited into
  209  the Pari-mutuel Wagering Trust Fund.
  210         2. The tax on handle for intertrack wagers is accepted by
  211  any dog track located in an area of the state in which there are
  212  only three permitholders, all of which are greyhound
  213  permitholders, located in three contiguous counties, from any
  214  greyhound permitholder also located within such area or any dog
  215  track or jai alai fronton located as specified in s. 550.615(6)
  216  or (9), on races or games received from the same class of
  217  permitholder located within the same market area is 3.9 percent
  218  if the host facility is a greyhound permitholder and, if the
  219  host facility is a jai alai permitholder, the rate shall be 6.1
  220  percent if the host facility is a jai alai permitholder, except
  221  that it shall be 2.3 percent on handle at such time as the total
  222  tax on intertrack handle paid to the division by the
  223  permitholder during the current state fiscal year exceeds the
  224  total tax on intertrack handle paid to the division by the
  225  permitholder during the 1992-1993 state fiscal year.
  226         Section 5. Paragraphs (b), (c), and (e) of subsection (2)
  227  of section 550.09514, Florida Statutes, are amended to read:
  228         550.09514 Greyhound dogracing taxes; purse requirements.—
  229         (2)
  230         (b) Except as otherwise set forth herein, in addition to
  231  the minimum purse percentage required by paragraph (a), each
  232  permitholder conducting live racing during a fiscal year shall
  233  pay as purses an annual amount equal to 75 percent of the daily
  234  license fees paid by each permitholder for the 1994-1995 fiscal
  235  year. This purse supplement shall be disbursed weekly during the
  236  permitholder’s race meet in an amount determined by dividing the
  237  annual purse supplement by the number of performances approved
  238  for the permitholder pursuant to its annual license and
  239  multiplying that amount by the number of performances conducted
  240  each week. For the greyhound permitholders in the county where
  241  there are two greyhound permitholders located as specified in s.
  242  550.615(6), such permitholders shall pay in the aggregate an
  243  amount equal to 75 percent of the daily license fees paid by
  244  such permitholders for the 1994-1995 fiscal year. These
  245  permitholders shall be jointly and severally liable for such
  246  purse payments. The additional purses provided by this paragraph
  247  must be used exclusively for purses other than stakes. The
  248  division shall conduct audits necessary to ensure compliance
  249  with this section.
  250         (c)1. Each greyhound permitholder when conducting at least
  251  three live performances during any week shall pay purses in that
  252  week on wagers it accepts as a guest track on intertrack and
  253  simulcast greyhound races at the same rate as it pays on live
  254  races. Each greyhound permitholder when conducting at least
  255  three live performances during any week shall pay purses in that
  256  week, at the same rate as it pays on live races, on wagers
  257  accepted on greyhound races at a guest track which is not
  258  conducting live racing and is located within the same market
  259  area as the greyhound permitholder conducting at least three
  260  live performances during any week.
  261         2. Each host greyhound permitholder shall pay purses on its
  262  simulcast and intertrack broadcasts of greyhound races to guest
  263  facilities that are located outside its market area in an amount
  264  equal to one quarter of an amount determined by subtracting the
  265  transmission costs of sending the simulcast or intertrack
  266  broadcasts from an amount determined by adding the fees received
  267  for greyhound simulcast races plus 3 percent of the greyhound
  268  intertrack handle at guest facilities that are located outside
  269  the market area of the host and that paid contractual fees to
  270  the host for such broadcasts of greyhound races. For guest
  271  greyhound permitholders not conducting live racing during a
  272  fiscal year and not subject to the purse requirements of
  273  subparagraph 1., 3 percent of the greyhound intertrack handle
  274  shall be paid to the host greyhound permitholder for payment of
  275  purses at the host track.
  276         (e) In addition to the purse requirements of paragraphs
  277  (a)-(c), each greyhound permitholder shall pay as purses an
  278  amount equal to one-third of the amount of the tax reduction on
  279  live and simulcast handle applicable to such permitholder as a
  280  result of the reductions in tax rates provided by this act
  281  through the amendments to s. 550.0951(3). With respect to
  282  intertrack wagering when the host and guest tracks are greyhound
  283  permitholders not within the same market area, an amount equal
  284  to the tax reduction applicable to the guest track handle as a
  285  result of any reductions the reduction in tax rates rate
  286  provided by this act through the amendment to s. 550.0951(3),
  287  other than revisions to s. 550.0951(3)(c)1. and 2. made after
  288  December 31, 2010, shall be distributed to the guest track, one
  289  third of which amount shall be paid as purses at the guest
  290  track. However, if the guest track is a greyhound permitholder
  291  within the market area of the host or if the guest track is not
  292  a greyhound permitholder, an amount equal to such tax reduction
  293  applicable to the guest track handle shall be retained by the
  294  host track, one-third of which amount shall be paid as purses at
  295  the host track. These purse funds shall be disbursed in the week
  296  received if the permitholder conducts at least one live
  297  performance during that week. If the permitholder does not
  298  conduct at least one live performance during the week in which
  299  the purse funds are received, the purse funds shall be disbursed
  300  weekly during the permitholder’s next race meet in an amount
  301  determined by dividing the purse amount by the number of
  302  performances approved for the permitholder pursuant to its
  303  annual license, and multiplying that amount by the number of
  304  performances conducted each week. The division shall conduct
  305  audits necessary to ensure compliance with this paragraph.
  306         Section 6. Subsection (1) of section 550.26165, Florida
  307  Statutes, is amended to read:
  308         550.26165 Breeders’ awards.—
  309         (1) The purpose of this section is to encourage the
  310  agricultural activity of breeding and training racehorses in
  311  this state. Moneys dedicated in this chapter for use as
  312  breeders’ awards and stallion awards are to be used for awards
  313  to breeders of registered Florida-bred horses winning horseraces
  314  and for similar awards to the owners of stallions who sired
  315  Florida-bred horses winning stakes races, if the stallions are
  316  registered as Florida stallions standing in this state. Such
  317  awards shall be given at a uniform rate to all winners of the
  318  awards, shall not be greater than 20 percent of the announced
  319  gross purse, and shall not be less than 15 percent of the
  320  announced gross purse if funds are available. In addition, no
  321  less than 17 percent nor more than 40 percent, as determined by
  322  the Florida Thoroughbred Breeders’ Association, of the moneys
  323  dedicated in this chapter for use as breeders’ awards and
  324  stallion awards for thoroughbreds shall be returned pro rata to
  325  the permitholders that generated the moneys for special racing
  326  awards to be distributed by the permitholders to owners of
  327  thoroughbred horses participating in prescribed thoroughbred
  328  stakes races, nonstakes races, or both, all in accordance with a
  329  written agreement establishing the rate, procedure, and
  330  eligibility requirements for such awards entered into by the
  331  permitholder, the Florida Thoroughbred Breeders’ Association,
  332  and the Florida Horsemen’s Benevolent and Protective
  333  Association, Inc., except that the plan for the distribution by
  334  any permitholder located in the area described in s.
  335  550.615(8)(9) shall be agreed upon by that permitholder, the
  336  Florida Thoroughbred Breeders’ Association, and the association
  337  representing a majority of the thoroughbred racehorse owners and
  338  trainers at that location. Awards for thoroughbred races are to
  339  be paid through the Florida Thoroughbred Breeders’ Association,
  340  and awards for standardbred races are to be paid through the
  341  Florida Standardbred Breeders and Owners Association. Among
  342  other sources specified in this chapter, moneys for thoroughbred
  343  breeders’ awards will come from the 0.955 percent of handle for
  344  thoroughbred races conducted, received, broadcast, or simulcast
  345  under this chapter as provided in s. 550.2625(3). The moneys for
  346  quarter horse and harness breeders’ awards will come from the
  347  breaks and uncashed tickets on live quarter horse and harness
  348  racing performances and 1 percent of handle on intertrack
  349  wagering. The funds for these breeders’ awards shall be paid to
  350  the respective breeders’ associations by the permitholders
  351  conducting the races.
  352         Section 7. Section 550.615, Florida Statutes, is amended to
  353  read:
  354         550.615 Intertrack wagering.—
  355         (1) Any horserace permitholder licensed under this chapter
  356  which has conducted a full schedule of live racing may, at any
  357  time, receive broadcasts of horseraces and accept wagers on
  358  horseraces conducted by horserace permitholders licensed under
  359  this chapter at its facility.
  360         (2) A Any track or fronton licensed under this chapter that
  361  conducted a full schedule of live racing which in the preceding
  362  year or any dog track conducted a full schedule of live racing
  363  is qualified to, at any time, receive broadcasts of any class of
  364  pari-mutuel race or game and accept wagers on such races or
  365  games conducted by any class of permitholders licensed under
  366  this chapter.
  367         (3) If a permitholder elects to broadcast its signal to any
  368  permitholder in this state, any permitholder that is eligible to
  369  conduct intertrack wagering under the provisions of ss. 550.615
  370  550.6345 is entitled to receive the broadcast and conduct
  371  intertrack wagering under this section; provided, however, that
  372  the host track may require a guest track within 25 miles of
  373  another permitholder to receive in any week at least 60 percent
  374  of the live races that the host track is making available on the
  375  days that the guest track is otherwise operating live races or
  376  games. A host track may require a guest track not operating live
  377  races or games and within 25 miles of another permitholder to
  378  accept within any week at least 60 percent of the live races
  379  that the host track is making available. A person may not
  380  restrain or attempt to restrain any permitholder that is
  381  otherwise authorized to conduct intertrack wagering from
  382  receiving the signal of any other permitholder or sending its
  383  signal to any permitholder.
  384         (4) No In no event shall any intertrack wager may be
  385  accepted, except with regard to greyhound permitholders, on the
  386  same class of live races or games of any permitholder without
  387  the written consent of such operating permitholders conducting
  388  the same class of live races or games if the guest track is
  389  within the market area of such operating permitholder.
  390         (5) No permitholder within the market area of the host
  391  track shall take an intertrack wager on the host track without
  392  the consent of the host track.
  393         (6) Notwithstanding the provisions of subsection (3), in
  394  any area of the state where there are three or more horserace
  395  permitholders within 25 miles of each other, intertrack wagering
  396  between permitholders in said area of the state shall only be
  397  authorized under the following conditions: Any permitholder,
  398  other than a thoroughbred permitholder, may accept intertrack
  399  wagers on races or games conducted live by a permitholder of the
  400  same class or any harness permitholder located within such area
  401  and any harness permitholder may accept wagers on games
  402  conducted live by any jai alai permitholder located within its
  403  market area and from a jai alai permitholder located within the
  404  area specified in this subsection when no jai alai permitholder
  405  located within its market area is conducting live jai alai
  406  performances; any greyhound or jai alai permitholder may receive
  407  broadcasts of and accept wagers on any permitholder of the other
  408  class provided that a permitholder, other than the host track,
  409  of such other class is not operating a contemporaneous live
  410  performance within the market area.
  411         (7) In any county of the state where there are only two
  412  permits, one for dogracing and one for jai alai, no intertrack
  413  wager may be taken during the period of time when a permitholder
  414  is not licensed to conduct live races or games without the
  415  written consent of the other permitholder that is conducting
  416  live races or games. However, if neither permitholder is
  417  conducting live races or games, either permitholder may accept
  418  intertrack wagers on horseraces or on the same class of races or
  419  games, or on both horseraces and the same class of races or
  420  games as is authorized by its permit.
  421         (7)(8)In any three contiguous counties of the state where
  422  there are only three permitholders, all of which are greyhound
  423  permitholders, If any greyhound permitholder leases the facility
  424  of another greyhound permitholder for the purpose of conducting
  425  all or any portion of the conduct of its live race meet pursuant
  426  to s. 550.475, such lessee may conduct intertrack wagering at
  427  its pre-lease permitted facility throughout the entire year,
  428  including while its race live meet is being conducted at the
  429  leased facility, if such permitholder has conducted a full
  430  schedule of live racing during the preceding fiscal year at its
  431  pre-lease permitted facility or at a leased facility, or
  432  combination thereof.
  433         (8)(9) In any two contiguous counties of the state in which
  434  there are located only four active permits, one for thoroughbred
  435  horse racing, two for greyhound dogracing, and one for jai alai
  436  games, no intertrack wager may be accepted on the same class of
  437  live races or games of any permitholder without the written
  438  consent of such operating permitholders conducting the same
  439  class of live races or games if the guest track is within the
  440  market area of such operating permitholder.
  441         (9)(10) All costs of receiving the transmission of the
  442  broadcasts shall be borne by the guest track; and all costs of
  443  sending the broadcasts shall be borne by the host track.
  444         Section 8. Paragraph (g) of subsection (9) of section
  445  550.6305, Florida Statutes, is amended to read:
  446         550.6305 Intertrack wagering; guest track payments;
  447  accounting rules.—
  448         (9) A host track that has contracted with an out-of-state
  449  horse track to broadcast live races conducted at such out-of
  450  state horse track pursuant to s. 550.3551(5) may broadcast such
  451  out-of-state races to any guest track and accept wagers thereon
  452  in the same manner as is provided in s. 550.3551.
  453         (g)1. Any thoroughbred permitholder which accepts wagers on
  454  a simulcast signal must make the signal available to any
  455  permitholder that is eligible to conduct intertrack wagering
  456  under the provisions of ss. 550.615-550.6345.
  457         2. Any thoroughbred permitholder which accepts wagers on a
  458  simulcast signal received after 6 p.m. must make such signal
  459  available to any permitholder that is eligible to conduct
  460  intertrack wagering under the provisions of ss. 550.615
  461  550.6345, including any permitholder located as specified in s.
  462  550.615(6). Such guest permitholders are authorized to accept
  463  wagers on such simulcast signal, notwithstanding any other
  464  provision of this chapter to the contrary.
  465         3. Any thoroughbred permitholder which accepts wagers on a
  466  simulcast signal received after 6 p.m. must make such signal
  467  available to any permitholder that is eligible to conduct
  468  intertrack wagering under the provisions of ss. 550.615
  469  550.6345, including any permitholder located as specified in s.
  470  550.615(8)(9). Such guest permitholders are authorized to accept
  471  wagers on such simulcast signals for a number of performances
  472  not to exceed that which constitutes a full schedule of live
  473  races for a quarter horse permitholder pursuant to s.
  474  550.002(11), notwithstanding any other provision of this chapter
  475  to the contrary, except that the restrictions provided in s.
  476  550.615(8)(9)(a) apply to wagers on such simulcast signals.
  477  
  478  No thoroughbred permitholder shall be required to continue to
  479  rebroadcast a simulcast signal to any in-state permitholder if
  480  the average per performance gross receipts returned to the host
  481  permitholder over the preceding 30-day period were less than
  482  $100. Subject to the provisions of s. 550.615(4), as a condition
  483  of receiving rebroadcasts of thoroughbred simulcast signals
  484  under this paragraph, a guest permitholder must accept
  485  intertrack wagers on all live races conducted by all then
  486  operating thoroughbred permitholders.
  487         Section 9. Paragraph (c) of subsection (4) of section
  488  551.104, Florida Statutes, is amended to read:
  489         551.104 License to conduct slot machine gaming.—
  490         (4) As a condition of licensure and to maintain continued
  491  authority for the conduct of slot machine gaming, the slot
  492  machine licensee shall:
  493         (c) Conduct no fewer than a full schedule of live racing or
  494  games as defined in s. 550.002(11), except for holders of
  495  greyhound permits, which have no live racing requirement. A
  496  permitholder’s responsibility to conduct such number of live
  497  races or games shall be reduced by the number of races or games
  498  that could not be conducted due to the direct result of fire,
  499  war, hurricane, or other disaster or event beyond the control of
  500  the permitholder.
  501         Section 10. Subsections (2) and (4) of section 551.114,
  502  Florida Statutes, are amended to read:
  503         551.114 Slot machine gaming areas.—
  504         (2) The slot machine licensee shall display pari-mutuel
  505  races or games within the designated slot machine gaming areas
  506  and offer patrons within the designated slot machine gaming
  507  areas the ability to engage in pari-mutuel wagering on any live,
  508  intertrack, and simulcast races conducted or offered to patrons
  509  of the licensed facility.
  510         (4) Designated slot machine gaming areas may be located
  511  within the current live gaming facility or in an existing
  512  building that must be contiguous and connected to the live
  513  gaming facility, if applicable. If a designated slot machine
  514  gaming area is to be located in a building that is to be
  515  constructed, that new building must be contiguous and connected
  516  to the live gaming facility.
  517         Section 11. Paragraphs (a) and (b) of subsection (5) and
  518  paragraph (d) of subsection (13) of section 849.086, Florida
  519  Statutes, are amended to read:
  520         849.086 Cardrooms authorized.—
  521         (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
  522  operate a cardroom in this state unless such person holds a
  523  valid cardroom license issued pursuant to this section.
  524         (a) Only those persons holding a valid cardroom license
  525  issued by the division may operate a cardroom. A cardroom
  526  license may only be issued to a licensed pari-mutuel
  527  permitholder and an authorized cardroom may only be operated at
  528  the same facility at which the permitholder is authorized under
  529  its valid pari-mutuel wagering permit to conduct pari-mutuel
  530  wagering activities. An initial cardroom license shall be issued
  531  to a pari-mutuel permitholder only after its facilities are in
  532  place and, except for greyhound permitholders, after it conducts
  533  its first day of live racing or games. A greyhound permitholder
  534  that is otherwise eligible shall be issued a cardroom license
  535  without regard to licensure for or actual conduct of live
  536  racing.
  537         (b) Except for greyhound permitholders After the initial
  538  cardroom license is granted, the application for the annual
  539  license renewal shall be made in conjunction with the
  540  applicant’s annual application for its pari-mutuel license. If a
  541  permitholder has operated a cardroom during any of the 3
  542  previous fiscal years and fails to include a renewal request for
  543  the operation of the cardroom in its annual application for
  544  license renewal, the permitholder may amend its annual
  545  application to include operation of the cardroom. In order for a
  546  cardroom license to be renewed the applicant must have
  547  requested, as part of its pari-mutuel annual license
  548  application, to conduct at least 90 percent of the total number
  549  of live performances conducted by such permitholder during
  550  either the state fiscal year in which its initial cardroom
  551  license was issued or the state fiscal year immediately prior
  552  thereto if the permitholder ran at least a full schedule of live
  553  racing or games in the prior year. If the application is for a
  554  harness permitholder cardroom, the applicant must have requested
  555  authorization to conduct a minimum of 140 live performances
  556  during the state fiscal year immediately prior thereto. If more
  557  than one permitholder is operating at a facility, each
  558  permitholder must have applied for a license to conduct a full
  559  schedule of live racing. However, no corresponding pari-mutuel
  560  license application or minimum numbers of requested or conducted
  561  live performances is required in order for a greyhound
  562  permitholder to maintain or renew a cardroom license.
  563         (13) TAXES AND OTHER PAYMENTS.—
  564         (d)1. Each greyhound and jai alai permitholder that
  565  operates a cardroom facility shall use at least 4 percent of
  566  such permitholder’s cardroom monthly gross receipts to
  567  supplement greyhound purses if live racing is conducted during a
  568  fiscal year, or jai alai prize money, respectively, during the
  569  permitholder’s current or next ensuing pari-mutuel meet.
  570         2. Each thoroughbred and harness horse racing permitholder
  571  that operates a cardroom facility shall use at least 50 percent
  572  of such permitholder’s cardroom monthly net proceeds as follows:
  573  47 percent to supplement purses and 3 percent to supplement
  574  breeders’ awards during the permitholder’s next ensuing racing
  575  meet.
  576         3. No cardroom license or renewal thereof shall be issued
  577  to an applicant holding a permit under chapter 550 to conduct
  578  pari-mutuel wagering meets of quarter horse racing unless the
  579  applicant has on file with the division a binding written
  580  agreement between the applicant and the Florida Quarter Horse
  581  Racing Association or the association representing a majority of
  582  the horse owners and trainers at the applicant’s eligible
  583  facility, governing the payment of purses on live quarter horse
  584  races conducted at the licensee’s pari-mutuel facility. The
  585  agreement governing purses may direct the payment of such purses
  586  from revenues generated by any wagering or gaming the applicant
  587  is authorized to conduct under Florida law. All purses shall be
  588  subject to the terms of chapter 550.
  589         Section 12. This act shall take effect July 1, 2011.